OpenLegislation

Rule 5 Possession of specified documents

Northern Ireland

(1)

[f1The judge or district judge as the case may be] may, on the application of any party to proceedings at any time and whether [f2 a list of] documents has or has not already been ordered or made, make an order requiring any other party to state by affidavit whether any particular document or class of documents, specified or indicated in the application, is or has at any time been in his possession, custody or power, and if not then in his possession, custody or power, when he parted with the document or documents and what has become of it or them.

(2)

The application shall be supported by affidavit stating that in the belief of the deponent, the party against whom the application is made has, or at some time has had, possession, custody or power of the particular document or class of documents specified or, indicated in the application, and that it relates to a matter in question in the proceedings.

Annotations

Footnotes

f1

Words amended by S.R. 2013 No. 19 with effect from 25.02.13

f2

Words substituted by S.R. 1990 No. 269 with effect from 03.09.90